09.17.17

Microsoft is Promoting Software Patents in India in Another Effort to Undermine Free/Open Source Software, Microsoft-Connected Trolls Are Still Suing

Posted in GNU/Linux, Microsoft, Patents at 3:54 pm by Dr. Roy Schestowitz

Watch the men behind the curtain

Microsoft and trolls

Summary: The ongoing patent threat to Free/libre Open Source software (FLOSS) and the role played by Microsoft in at least much of this threat

THE company which claims that it “loves Linux”, Microsoft, unsurprisingly (given its track record on this) attacks GNU/Linux. It is still promoting software patents in India even though the rules are clearly preventing this. It is not allowed.

“…Microsoft, unsurprisingly (given its track record on this) attacks GNU/Linux.”How do we know?

See this report from a few days ago: “GNLU Centre for IPR in collaboration with GNLU-Microsoft chair on IPR and policy research, is organising a panel discussion on ‘Protecting software’s through Patents: Current Challenges and Future Solutions’ on 7th October, 2017 at Gujarat National Law University, Gandhinagar, Gujarat.”

Why would Microsoft organise a discussion on “Protecting software’s [sic] through Patents” in country that does not permit such patents?

“Why would Microsoft organise a discussion on “Protecting software’s [sic] through Patents” in country that does not permit such patents?”The matter of fact is, Microsoft is still an enemy of GNU/Linux, yet certain people choose not to see it.

Where is Microsoft when it comes to OIN? Non-aggression is not something Microsoft can commit to. As Simon Phipps keeps stating, he would not believe Microsoft unless or until it decides to join OIN. But that too would not be sufficient because we already know that Microsoft operates through trolls, too.

OIN made the headlines (again) a few days ago. But it required some digging to find (none of the major Linux news sites picked this).

According to the press release, JD.com Joins the Open Invention Network (OIN) ‘Community’, but OIN is not against software patents and it certainly cannot stop patent trolls, even by its very own admission, making itself susceptible to loopholes. To quote from the press release:

“The retail space is undergoing a significant sea change — perhaps the largest in its history — as consumers worldwide continue to accelerate their purchasing via online retailers. To meet this growing demand, sophisticated e-commerce platforms today are built on Linux and adjacent open source technologies,” said Keith Bergelt, CEO of Open Invention Network. “We greatly appreciate JD.com’s leadership in joining OIN and supporting patent non-aggression.”

OIN is still IBM-led (to some degree) and as we noted in our previous post, IBM lobbies for software patents. To patent aggressors, patent law firms and patent trolls that’s just extra business. Lawyers profit from both sides (plaintiff and defendant). To real companies that champion development/production these lawsuits are nothing but a money drain (lawyers’ gain). To OIN? Well, the greater the fear and uncertainty over patent lawsuits, the more money it will harvest. It just cares about its own relevance, i.e. it benefits from threat.

“Where is Microsoft when it comes to OIN?”Earlier this year we published many articles about Microsoft siccing trolls on its competition while offering ‘protection’ (or indemnification) from these trolls [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. A few days ago we also saw Finjan, a Microsoft-connected patent troll, suing some more companies while attempting to dodge PTAB, which we wrote a lot about earlier today (two articles about PTAB, published earlier today, explain the relation to software patents). Finjan even issued this press release about it to say (about its software patents):

Finjan Holdings, Inc. (NASDAQ: FNJN), a cybersecurity company, and its subsidiary Finjan, Inc. today provide an update on four separate, but related matters including a summary judgment, IPR proceedings, Germany trial and an oral argument against Blue Coat Systems, Inc. (Blue Coat).

[...]

Second, in post-grant proceedings before the United States Patent & Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB), the PTAB denied two additional Blue Coat petitions for Inter Partes Review (IPR), namely, IPR2017- 00996, which challenged the validity of U.S. Patent No. 9,141,786 (the “’786 Patent”) and IPR2017-00997, which challenged the validity of Finjan’s U.S. Patent No. 9,219,755 (the “’755 Patent”), and instituted trial on IPR2017-00995, which challenges the validity of U.S. Patent No. 9,189,621 (the “’621 Patent”). Notwithstanding institution, Finjan remains confident that the ’621 Patent will survive IPR. To-date only 20% of IPRs have been instituted against Finjan’s patents and, more impressively, after institution, 99% of Finjan’s claims remain intact.

Incidentally, a former adviser of Finjan is unhappy to see them turning to what he called “patent blackmail”. He wrote this a few days ago, right after reading our articles about it.

“Earlier this year we published many article’s about Microsoft siccing trolls on its competition while offering ‘protection’ (or indemnification) from these trolls.”Obviously, Microsoft wants to be seen as a friend of Linux, but all of Microsoft’s competitors seem to be sued by Finjan these days. Almost everybody except Microsoft (which used to lend a hand to this troll). Classy.

Incidentally, the USPTO is nowadays distributing its data in Microsoft OOXML format (which Microsoft famously corrupted ISO for). As Patently-O put it some days ago:

Beginning this week, the USPTO has transitioned its Private Pair system to include text versions of its office action rejections as well as notices of allowances (actual XML and DOCX versions). It is a straightforward step to move these documents into a searchable database available for public consumption.

I’ll note here that the XML/DOCX files are quite nice and, although not well tagged, will make it easy for patent attorneys to cut & paste from the OA in their responses or client emails. The system also includes a new mechanism for submitting documents to the PTO.

The bottom line is, Microsoft has long leveraged software patents to undermine the competition. None of that has changed, it just takes a little more effort to track or trace back to the source.

“The bottom line is, Microsoft has long leveraged software patents to undermine the competition.”We began this post by highlighting what Microsoft had just gone in India and Watchtroll too, only four days ago, did something similar, ascribing the term “IP integrity” to “software patents”. To quote:

Open source software can provide significant benefits to an organization—it can decrease product development time, distribute development across a community, and attract developers to your organization—but some organizations shy away due to perceived risks and disadvantages around intellectual property (IP). Too many people fear that once they’ve incorporated open source into their products or open sourced their own code they’ve surrendered control over their most valuable assets, or even worse, left themselves vulnerable to litigation with no defensive weapons to counter the threat.

It doesn’t have to be that way. Utilizing open source doesn’t have to be an either-or decision. It’s possible to simultaneously support an open source program while maintaining an active IP program. A smart organization can avail themselves of the ease of use and constant updating of code that open source provides, they can identify aspects of their software to open source which are of interest to a broader development community or that encourage adoption of their platform, and they can protect those aspects of their software which are unique to their business or provide a competitive advantage through various IP protections.

“As long as Microsoft so stubbornly pursues software patents, as it has done for well over a decade, it cannot be friends with GNU/Linux.”In reality, the Free software community/ies would rightly shun companies/people for bringing software patents. Just watch what is happening to Facebook and React these days (the latest development is, WordPress dumped React over it, as noted in our daily links).

Free software and software patents cannot co-exist. As long as Microsoft so stubbornly pursues software patents, as it has done for well over a decade, it cannot be friends with GNU/Linux.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/09/17/swpats-and-floss/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 3/8/2021: DeaDBeeF 1.8.8, CrossOver 21, AMD and Valve Hook Up for GNU/Linux Work

    Links for the day



  2. Links 3/8/2021: LibreOffice Autoupdater and Vulkan in X-Plane

    Links for the day



  3. How the News About 'Linux' Gets Manipulated to Spread FUD and Promote the Competition of GNU/Linux

    We quickly examine the sorts of news one gets from Google 'News' when searching for “Linux” and we conclude that real news is occluded or missing



  4. The EPO is Europe's Largest Scale Scam (by Far the Largest)

    In another fine instance of deja vu, the biggest scammers are warning everybody else about lesser “scammers”; one might be tempted to call this “projection tactics” or deflection (staring at the mirror) which helps churn/flood the "news" section with tons of recycled old fluff (they could certainly use a distraction right now)



  5. Links 3/8/2021: Raspberry Pi ‘WeatherClock’ and IPFire 2.27 - Core Update 159

    Links for the day



  6. IBM's Attack on the Community and on GPL/FSF is an Attack on Red Hat's Greatest Asset

    Ever since IBM bought Red Hat it has repeatedly attacked the FSF (in a malicious and personified fashion), looking for its own ‘copyright grab’ whilst outsourcing loads of code to proprietary software monopolisers who attack the GPL; by doing so, IBM is destroying the value of what it paid more than 30 billion dollars for (IBM is governed by pretentious fools, according to IBM insiders; they’ve already lost Red Hat’s longtime CEO and IBM’s new President), so it’s falling back on openwashing of IBM's proprietary software with help from the so-called ‘Linux’ Foundation



  7. Four Weeks of Non-Compliance: EPO Only Accepts Courts That It Rigs and Controls

    Compliance is for suckers, believes the “Mafia” which runs the EPO; it is not even responding (for three weeks!) to letters from the victims who won the cases; this is bad for Europe's image and it sets a dangerous precedent



  8. Seven Eleven: 11 is to 10 What 7 Was to Vista

    Microsoft is, as usual, aggressively manipulating/bribing the media (hyping up a shallow version inflation along with paid-for vapourware advertising) while strong-arming the market; there’s no other way they can compete anymore



  9. IRC Proceedings: Monday, August 02, 2021

    IRC logs for Monday, August 02, 2021



  10. Links 3/8/2021: Nitrux 1.5.1 and Gerbera Media Server 1.9.0

    Links for the day



  11. Links 2/8/2021: XEyes 1.2 and Fwupd 1.6.2 Released

    Links for the day



  12. Freenode is IRC... in Collapse

    Freenode is now down to just 13,194 online users, which makes it the 6th biggest IRC network. Months ago it was #1 with almost 6 times as many users as those below it. The graph above shows what the latest blunder has done (another massive drop in less than a week, with a poem and the all-time chart at the very bottom).



  13. Barrier and Synergy Can Work Together, Connecting Lots of Different Machines

    Barrier and Synergy can be configured to work properly in conjunction, though only provided different port numbers (non-default) are specified; in my current setup I have two computers to my right, working over Barrier, and two older ones on the left, working over Synergy; the video explains the setup and the underlying concepts



  14. Links 2/8/2021: Open Science in France and Zoom Pays to Settle Privacy Violations

    Links for the day



  15. It Almost Feels Like Battistelli Still Runs the EPO (by Extension/Proxy)

    The "Mafia" that destroyed the EPO is still being put in charge and is using the EPO for shameless self-promotion; it is never being held accountable, not even when courts demand remediatory action and staff seeks reparations



  16. [Meme] Vichyite Battistelli Committed Crimes and His Buddy António Snubs Courts That Confirm These Are Crimes

    Staff of the EPO is coming to realise (or reaching acceptance of the fact) that the spirit of Battistelli — not just people he left in charge of the EPO — dooms the Office and there’s no way out of this mess



  17. Links 2/8/2021: Linux 5.14 RC4 and 20% Growth in Steam

    Links for the day



  18. IRC Proceedings: Sunday, August 01, 2021

    IRC logs for Sunday, August 01, 2021



  19. Links 1/8/2021: LibreOffice 7.2 RC2 and Lakka 3.3

    Links for the day



  20. Was Microsoft Ever First in the Market?

    Confronting the false belief that Microsoft ever innovates anything of significance or is "first" in some market/s



  21. Links 1/8/2021: 4MLinux 37.0, IBM Fluff, and USMCA Update

    Links for the day



  22. Microsoft Knows That When Shareholders Realise Azure Has Failed the Whole Boat Will Sink

    The paranoia at Microsoft is well justified; they've been lying to shareholders to inflate share prices and they don't really deliver the goods, just false hopes and unfulfilled promises



  23. [Meme] Nobody and Nothing Harms Europe's Reputation Like the EPO Does

    Europe’s second-largest institution, the EPO, has caused severe harm/damage to Europe’s economy and reputation; its attacks on the courts and on justice itself (even on constitutions in the case of UPC — another attempt to override the law and introduce European software patents) won’t be easily forgotten; SUEPO has meanwhile (on Saturday, link at the bottom in German) reminded people that Benoît Battistelli and António Campinos have driven away the EPO’s most valuable workers or moral compass



  24. IRC Proceedings: Saturday, July 31, 2021

    IRC logs for Saturday, July 31, 2021



  25. [Meme] When it Comes to Server Share, Microsoft Azure is Minuscule (But Faking It)

    Don't believe the lies told by Microsoft's charlatans and frauds; Azure has been a total failure and that's why there are layoffs as well



  26. [Meme] Mozilla Has Turned From Technical to Marketing

    Way back, long before Mozilla and Firefox got hijacked by politics (turning Mozilla into a VPN reseller that lies about its stance on privacy), geeks were driving the company, not corporate lawyers and spying/marketing people



  27. Over 1,500 (Known/Unorphaned) Gemini Capsules and Over 160,000 Page Requests in gemini.techrights.org During July

    Techrights is expanding at gemini:// (Gemini space) and over 1,500 capsules are reported to have been found (less than 4 months ago it was about 1,000)



  28. Links 31/7/2021: Kernel Additions and Linux Mint 20.3 Release Date

    Links for the day



  29. Microsoft Azure Stagnating

    Reprinted with permission from Mitchel Lewis, former Microsoft employee



  30. For 17 Days (and Counting) António Campinos Has Failed to Respond to Call for Compliance With the Law

    Team Campinos has been so arrogant and so evasive that there’s no indication (yet) that it will follow court orders (Willy ‘Guillaume’ Minnoye openly bragged about ignoring court orders and he's still cheering for the EPO's abuses); therefore, staff of the EPO takes collective action


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts